Dispute resolution clauses often provide for negotiations, conciliation or a similar procedure before arbitration. Both UNCITRAL Model Law on International Commercial Arbitration and the Russian law contain no provisions on…
…which the Constitutional Court opined on matters related to international arbitration. Since the adoption of the Law “On International Commercial Arbitration” founded on the UNCITRAL Model Law, the compliance of…
…arbitration and concludes in favour of institutional arbitration. Guideline #2 emphasises the availability of UNCITRAL rules if ad hoc arbitration is chosen and the importance of choosing an arbitral institution…
…Professor Hess states that it would “completely runs counter the objective of the ongoing reform of Brussels I which shall reduce the grounds of non-recognition and replace exequatur proceedings by…
Unlike arbitration which is quite solidly supported by legislation (the law of the Russian Federation “On International Commercial Arbitration”, which is almost completely based on the UNCITRAL Model Law, was…
…counter to the paramount objective of the current reform of the Regulation which shall abolish exequatur proceedings; (4) finally, despite of Alexis Mourre’s concerns, the proposals of the Heidelberg Report…
…the contrary, international works such as the successful UNCITRAL Model Law are model uniform instruments with a defined aim to harmonize national arbitration legislations. It is in any case rather…
…U.S. federal court to stay an arbitral claim that Chevron and TexPet have submitted under the Ecuador-United States BIT and the UNCITRAL arbitration rules, and Chevron and TexPet have asked…
…a claim on the grounds of “inadmissibility”, as invoked by the USA; and where the UNCITRAL Arbitration Rules are silent, it would be still more inappropriate to imply any such…
…That provision of the BIT allows investors to submit disputes to the local courts, ICSID arbitration or to an ad hoc UNCITRAL tribunal, with such election being “final.” The investor…
…those conducted by UNCITRAL … and purely private arbitrations established by private contract.” The distinction, according to the court, is that UNCITRAL is “a body operating under the United Nations…
…And this is precisely what the Methanex Tribunal did in dealing with the US’ “admissibility” challenges, noting that it did not have authority under the UNCITRAL Rules to deal with…
…based on the well-known UNCITRAL Arbitration Rules and that they were adapted to institutional arbitration and modified to reflect modern practice of international arbitration. For instance, the Swiss Rules contain…
…Turkey). Were Chevron and Ecuador both amenable, the case could continue to play out in public. Although UNCITRAL-based claims are typically conducted in-camera, the supervising agency, The Permanent Court of…
…so expressly in their arbitration agreement. In this regard, it is notable that the UNCITRAL Rules as well as the rules of several popular arbitration institutions – such as the…
…(Comm). The parties had agreed to UNCITRAL arbitration, under a clause that provided that any decision of the arbitrators shall be final, conclusive and binding on the parties. On the…
…the numerous BITs entered into by States as acknowledged by tribunals in cases such as CME Czech Republic B.V. v. Czech Republic (UNCITRAL, Award, 14 March 2003, para. 498) and…
…probably expect disputes to be brought to UNCITRAL tribunals or other commercial arbitration venues like the SCC (where provided in those treaties). Of course, if withdrawing from ICSID is merely…
…contempt proceeding in US courts, arising from enforcement of an arbitration award in arbitral proceedings seated in New York under UNCITRAL rules brought by a Norwegian company (Telenor) against its…
…40 of the UNCITRAL Rules give some guidance as to the types of costs that are recoverable, as well as the method of allocation. *** In its report on “Techniques…
…the equity of these deals; poor performance of investors; negative environmental consequences; or simply local demands for land reform. We’ve already seen several BIT arbitrations arise out of disputes over…
…1988 Uncitral decision, established for collecting and disseminating information on court decisions and arbitral awards relating to conventions and model-laws that have emanated from the work of the Commission. The…
…counterclaim submitted with the rejoinder based on Article 20 Swiss Rules. The Swiss Rules do not contain a provision as we find in Article 19 (3) of the UNCITRAL Rules.Respondent…
…for the Administration of International Arbitration in accordance with the UNCITRAL Arbitration Rules (the “Old Procedures”). The Administered Rules set out a comprehensive framework for HKIAC administered arbitration and it…
